Fatal Trucking Accidents

Maryland Truck Accidents Caused by a Driver’s Unsafe Passing

April 27, 2020 | Lebowitz & Mzhen

A tragic accident has highlighted a sobering truth for Maryland drivers: you never know when catastrophe might hit. A 62-year-old man was killed on April 17th when a semi-truck attempted an unsafe pass. According to a local news report covering the incident, the victim was driving his tractor around 8 a.m. on a Friday morning when a semi-truck, driven by a 43-year-old man, attempted to pass him. The tractor then made a left turn into the driveway and was rear-ended by the semi-truck. This accident left the tractor driver dead.

Although most truck operators drive safely, it is inevitable that when trucks pass other vehicles there is an increased chance of an accident. While passing, in general, can always be risky, trucks are an increased risk because they cannot drive over a certain speed and because of their large size, which blocks other vehicles from passing or merging for a time. Truck drivers, therefore, must be very careful when passing, because they could be held liable in a civil negligence suit if they make an unsafe pass that results in an accident.

If an accident does occur, those injured have a path to recovery under Maryland law. Generally, the plaintiff will need to prove four things. First, that the defendant owed a duty of care to drive and pass carefully. This is generally established if the defendant was operating a truck on the highway. Second, that the defendant breached their duty of care. Usually, proving this involves expert testimony and accident reconstructionists, who explain how the defendant acted carelessly or why they should not have attempted to pass when they did. Third, the plaintiff must prove that the defendant’s unsafe pass was the proximate cause of the accident. For example, if the driver made an unsafe pass three minutes before the accident occurred, the driver may be able to argue that their unsafe pass did not cause the accident. The final element a plaintiff must prove is that they suffered compensable damages as a result of the defendant’s negligence. Usually, this is proven through the introduction of medical records and expert witness testimony.

Recent Truck Accident Serves as a Reminder of the Risks Maryland Truck Accidents Pose

March 13, 2020 | Lebowitz & Mzhen

Recently, three family members were killed in a truck accident while on vacation. This accident serves as a sobering reminder of how quickly Maryland truck accidents can change someone’s life in an instant. According to a local news report covering the tragic incident, the family of eight—two parents, two grandparents, and three children—were driving in a rental van on a Florida highway one day when traffic started to slow down. Then, for reasons still unknown to authorities, a truck suddenly rear-ended their vehicle, causing it to roll over and resulting in serious injuries. The truck also hit two other vehicles, but no one in either of those vehicles was seriously injured.

The three victims in the family van were a 41-year-old woman, her 5-year-old daughter, and her 76-year-old mother. The father, grandfather, and one of the other children were also injured and had to be hospitalized, with the 11-year-old child still in critical condition the next day. Authorities are still unsure why the truck did not stop but were able to determine through an investigation that the truck driver was at fault. The crash remains under investigation, and so it is not yet clear whether or not criminal charges will be filed. However, regardless of whether or not there are criminal charges, the surviving victims may be able to bring a claim on their behalf and on behalf of their deceased family members to recover some monetary compensation in the wake of this tragic accident.

If the plaintiffs are able to prove that the truck driver owed a duty of care to their loved ones, and that their loved one’s death was caused by the defendant’s breach of that duty, they may be able to recover financial compensation for their losses. Depending on the specific facts of the case, this may include amounts for funeral and burial costs, past and future medical bills, psychiatric care needed to emotionally recover, lost wages, and general pain and suffering endured. While this monetary compensation will not undo the damage that has been done or bring back the loved ones, it may help the family by allowing them to not worry about finances in the aftermath of such a devastating tragedy.

Maryland Lawmakers Struggle to Curb Distracted Driving

February 11, 2020 | Lebowitz & Mzhen

In 2017, distracted driving killed more than 3,000 people, according to the National Highway Traffic Safety Administration. The problem has become increasingly common in Maryland and throughout the country over the past decade, posing a serious danger to Maryland drivers, passengers, and pedestrians. Handheld devices have become commonplace, and research from the AAA Foundation for Traffic Safety has found that for some drivers, the use of advanced driver technology in vehicles made those drivers more likely to engage in distracted driving.

In Maryland, the use of a handheld phone while driving is prohibited. Yet, the use of handheld devices remains prevalent. Maryland law enforcement officers issued more than 34,000 citations for use of a cell phone and more than 1,800 for texting while driving in 2016. Montgomery County, Maryland has tried to take the law a step further by recently introducing a proposal to install cameras to catch distracted drivers and mail out tickets to them, as used for some red light cameras.

All Maryland drivers must generally exercise reasonable care under the circumstances presented. Distracted driving can form the basis for a case against a distracted driver, which would normally be founded in negligence. A plaintiff has to prove the following in a Maryland negligence claim: the defendant had a legal duty to the plaintiff; the defendant failed to meet the duty; the plaintiff suffered damages; and, the defendant’s failure to meet the duty caused the plaintiff’s damages.

Holding Employers Accountable in Maryland Truck Accidents

February 4, 2020 | Lebowitz & Mzhen

In the unfortunate event of a Maryland truck accident, if an employee was behind the wheel, in some circumstances the employer may be able held liable as well. Under the doctrine of respondeat superior, an employer may be liable for the wrongful acts of its employees, as long as the acts were committed while acting within the scope of employment. The doctrine attributes the acts to the employer even without any wrongdoing on the part of the employer. Instead, the employer is held liable based only on the employer-employee relationship. Under Maryland law, an employer may be sued without suing the employee. The doctrine is meant to hold employers accountable for the actions of an employee because the employee is acting in the employer’s interest and also because the employer often can bear the financial loss better than an employee.

One recent case before a state appellate court illustrated the limits of respondeat superior. In that case, a car crash left a woman dead and her daughter injured. The crash occurred after the tire of another car separated from the car, crossed the median and hit the mother’s car. The husband of the woman (and father of the daughter) filed lawsuits against the driver, his employer, and other parties. According to the court’s opinion, as the employee was driving, another vehicle suddenly came into his travel lane and to avoid a collision, and he quickly changed lanes, causing his tire to come off. The plaintiff claimed that the driver failed to maintain the truck in a safe operating condition and that the employer was vicariously liable. The driver recently did work on his car and had removed the wheels. The employer filed a motion for summary judgment to be dismissed, but the trial court denied the motion.

On appeal, the employer argued that the driver was not driving negligently at the time of the collision. The driver of the vehicle worked as a construction technician. That day, he drove to a warehouse for work, and then drove with a co-worker to a job site. They left the job site and were driving to a guitar store before they had to be at the next job site. He and his co-worker both said that they did not notice anything wrong with the car.

Driver Faces Charges Five Months after Fatal Maryland Truck Accident

September 19, 2019 | Lebowitz & Mzhen

Large commercial vehicle such as semi-trucks, tractor-trailers, dump trucks, and big-rigs pose a serious threat to motorists when they are not operated in a safe and responsible manner. Indeed, on March 11, 2019, a fatal Maryland truck accident claimed the lives of two people. According to a recent news report, the truck driver responsible for causing that accident now faces criminal charges, including manslaughter, for his role in causing the accident.

The accident occurred near the intersection of MD 24 and Ring Factory Road, at around 7 a.m. Evidently, there were several vehicles stopped at the intersection during rush hour traffic. However, as the truck approached, it did not slow down. The truck ended up rear-ending several of the stopped cars, which then caused a chain-reaction accident involving other nearby motorists. In all, the accident involved a total of 12 cars and trucks. Two vehicles were pinned underneath the semi-truck when it caught fire. A local businessman and a young boy were killed in the collision. Four others, including the young boy’s mother, were seriously injured.

After the fatal accident, police launched an in-depth investigation. They quickly determined that the truck driver was not under the influence of drugs or alcohol. However, investigators believe that he may have been using his cell phone at the time of the accident. Thus, among the charges the truck driver faces are four counts of causing serious injury while using a cell phone.

Distracted Driver Kills Two in Maryland Truck Accident

September 5, 2019 | Lebowitz & Mzhen

In March of this year, a Maryland traffic accident involving a semi-truck killed two and injured four. According to a recent news report covering the tragic accident, the driver was using his cellphone while driving a truck in rush-hour traffic one morning. Evidently, the truck crashed into a line of other vehicles, bursting into flames as it came to a stop. Debris from the accident covered the highway for at least a quarter of a mile, and the road was subsequently closed for most of the day.

Two individuals were tragically killed as a result of this crash: a 65-year-old man and a 7-year-old boy. Additionally, four others were seriously injured. Law enforcement recently charged the truck driver responsible for the fatal accident with two counts of gross negligence manslaughter by motor vehicle, two counts of criminal negligence manslaughter by motor vehicle, and four counts of causing serious injury while using a cellphone while driving. The case is still under investigation.

Unfortunately, distracted driving and truck crashes are not uncommon. Truck drivers often drive for long hours, leading to boredom or fatigue, which truck drivers may attempt to remedy by looking at their phone. Other common causes of distracted driving include watching television, talking to passengers, eating, grooming, and texting.

Maryland Drunk Driving Crashes Continue to Occur Despite Strict DUI Laws

August 14, 2019 | Lebowitz & Mzhen

Despite strict DUI laws, Maryland drunk driving crashes and fatalities continue to occur at a startling rate. Maryland’s Drunk Driving Reduction Act went into effect in 2016. Under the Act, anyone convicted of driving under the influence must have an ignition interlock device installed on their vehicle. The device prevents a vehicle from starting if the driver has a certain level of alcohol, based on a breath test. However, despite this, according to the Maryland Department of Transportation, in 2018 there still were about 7,000 crashes involving the driver’s use of alcohol or drugs in the state.

New information was uncovered in a recent DUI crash involving a 23-year-old commercial truck driver who killed seven motorcyclists in New Hampshire. According to a news report, the driver, who crossed a double-yellow line on a highway, was high on drugs and reportedly was reaching for a drink just before the crash took place. The Federal Motor Carrier Safety Administration issued a report that was obtained by the media. He had previously been arrested for drug-related and driving offenses in five other states. His license commercial license should have been suspended the month prior due to another drunk driving charge, according to the state motor vehicle department.

The report showed that the driver tested positive for a narcotic or amphetamine, which rendered him incapable of safely operating the truck. The report also indicates that the driver admitted to investigators to reaching for a drink before the crash. The crash revealed that the driver was first charged with drunk driving in 2013 in Massachusetts, and his license was suspended, but he was still able to obtain a commercial license. An investigation into the crash showed that in addition to the driver, over 1,600 Massachusetts drivers should have had their licenses revoked due to out-of-state infractions, but were not processed.

Distracted Driving Is a Major Cause of Maryland Truck Accidents

July 25, 2019 | Lebowitz & Mzhen

Truck drivers spend almost their entire working lives behind the wheel. Naturally, truck drivers can get bored or fatigued on long trips. Too often, however, truck drivers who find themselves bored or tired engage in distracting behavior to stay awake, increasing the risk of causing a Maryland truck accident. For example, typical examples of distracting behavior are talking on the phone, texting friends or loved ones, watching television, playing games, or working on crossword puzzles.

When a truck driver causes an accident as a result of being distracted, anyone injured in the accident can pursue a claim for financial compensation against the driver through a Maryland truck accident lawsuit. To succeed in a truck accident lawsuit, an injury victim must be able to show that the trucker violated a duty of care that he owed to the plaintiff. They must also establish that the driver’s breach of this duty was the proximate cause of the plaintiff’s injuries.

Earlier this month, a truck driver was arrested and charged with criminal vehicular homicide after he was involved in a truck accident that killed roadside construction worker. According to a local news report covering the tragic accident, the collision occurred back in October, 2018, when the semi-truck rammed into the back of a pick-up truck that was pulling a trailer. As a result of the crash, the trailer disconnected from the truck and collided with two construction workers. One of those men was killed, the other seriously injured.

How to Recover Financial Compensation after a Maryland Truck Accident

June 19, 2019 | Lebowitz & Mzhen

Truck drivers are trusted to operate some of the most dangerous vehicles on the road. And while most tractor-trailer drivers take their job seriously and would not intentionally do anything to put themselves or other motorists at risk, there are some exceptions. Some semi-truck drivers place more importance in getting to their destination quickly than getting there safely.

There are many causes of truck accidents. However, distracted and drowsy driving are two causes that are disproportionately represented among all fatal Maryland truck accidents. Truck drivers are compensated by the mile, so the more mileage a driver can cover in a day, the more money they will make. As a result, some drivers ignore the signs of fatigue or try to delay tiredness from setting in by taking both legal and illegal substances.

While it is not against the law for a truck driver to have a legal substance such as caffeine in their system, it can contribute to the driver feeling jittery and may impact their judgment. In addition, when the effects of the caffeine wear off, the driver may experience a significant drop in their energy level, increasing the likelihood that they will doze off while behind the wheel.

The Feres Doctrine May Act to Preclude Maryland Military Personnel from Pursuing Claims Against the Government

June 12, 2019 | Lebowitz & Mzhen

Those who have been injured in a serious Maryland personal injury accident allegedly caused by a government employee can generally pursue a claim against the government under the Federal Tort Claims Act (FTCA). While the federal government was originally immune from civil liability, the FTCA acts as a waiver of governmental immunity in certain situations. However, if an accident victim is unable to establish that their claim falls under the FTCA, then a court will likely dismiss the case on the grounds of immunity.

The Feres doctrine is an exception to the FTCA. The doctrine was essentially created by the United States Supreme Court in the case, Feres v. United States. Specifically, the doctrine holds that the United States cannot be held liable by military personnel who are injured while on active duty (and not on furlough) and are injured as a result of another military personnel’s negligence. The practical effect of the Feres doctrine is that those on active military duty cannot pursue a personal injury or wrongful death claim against the United States if another service member’s negligence caused their injuries.

Application of the Feres doctrine can result in seemingly unfair results; however, before the government can rely on the doctrine, it must prove that each of the elements is met. A recent fatal traffic accident provides an example of a situation where the Feres doctrine may not be appropriate.